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48 CFR · Federal Acquisition Regulation and Defense supplement

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The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

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57 sections with “agency discretion”: the first 40

  • DFARS 232.070 Responsibilities.
    …ct financing, including DoD contract financing policies and important related procedures. Agency discretion under FAR part 32 is at the DoD level and is not delegated to the departments and agencies. Proposals by the departments and agencie…
  • FAR 2.101 Definitions.
    … be created, developed, demonstrated, and evaluated. Acquisition begins at the point when agency needs are established and includes the description of requirements to satisfy agency needs, solicitation and selection of sources, award of con…
  • FAR 3.104-5 Disqualification.
    …cation notice. In addition to submitting the contact report required by 3.104-3(c)(1), an agency official who must disqualify himself or herself pursuant to 3.104-3(c)(1)(ii) must promptly submit written notice of disqualification from furt…
  • FAR 4.502 Policy.
    … conducting electronic commerce. However, as required by 41 U.S.C. 2301, the head of each agency, after consulting with the Administrator of OFPP, shall ensure that systems, technologies, procedures, and processes used by the agency to cond…
  • FAR 7.503 Policy.
    …ontracts shall not be used for the performance of inherently governmental functions. (b) Agency decisions which determine whether a function is or is not an inherently governmental function may be reviewed and modified by appropriate Offic…
  • FAR 9.403 Definitions.
    As used in this subpart— Administrative agreement means an agreement between an agency suspending and debarring official and the contractor used to resolve a suspension or debarment proceeding, or a potential suspension or debarment procee…
  • FAR 9.406-3 Procedures.
    …with counsel, submit documentary evidence, present witnesses, and confront any person the agency presents; and (ii) Make a transcribed record of the proceedings and make it available at cost to the contractor upon request, unless the contr…
  • FAR 9.407-3 Procedures.
    …with counsel, submit documentary evidence, present witnesses, and confront any person the agency presents; and (ii) Make a transcribed record of the proceedings and make it available at cost to the contractor upon request, unless the contr…
  • FAR 16.505 Ordering.
    … products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs. (ii) Requirements for use of items peculiar to one manufacturer shall be justified and approved using the format(s) and requirements …
  • FAR 52.227-11 Patent Rights—Ownership by the Contractor.
    …o so at contract award. The license is transferable only with the written approval of the agency, except when transferred to the successor of that part of the Contractor's business to which the invention pertains. (ii) The Contractor's lic…
  • FAR 52.232-12 Advance Payments.
    …pproval by the administering office, ____ [Insert the name of the office designated under agency procedures], or (2) under a letter of credit. The amount of the invoice or voucher submitted plus all advance payments previously approved shal…
  • FAR 52.248-1 Value Engineering.
    …ar requirements on a multiyear contract. Collateral costs, as used in this clause, means agency cost of operation, maintenance, logistic support, or Government-furnished property. Collateral savings, as used in this clause, means those me…
  • DFARS 202.101 Definitions.
    …tration office also means a contract management office of the Defense Contract Management Agency. Contract manufacturer means a company that produces goods under contract for another company under the label or brand name of that company. …
  • FAR 8.602 Policy.
    …er a timely offer from FPI; (iv) Award to the source offering the item determined by the agency to provide the best value to the Government; and (v) When the FPI item is determined to provide the best value to the Government as a result o…
  • FAR 9.402 Policy.
    …rocedures for coordinating their debarment or suspension actions. (d) When more than one agency has an interest in the debarment or suspension of a contractor, the Interagency Suspension and Debarment Committee, established under Executive…
  • FAR 12.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.
    …clause may not be tailored. (i) Use the clause with its Alternate I when the head of the agency has waived the examination of records by the Comptroller General in accordance with 25.1001. (ii)(A) If the acquisition will use funds appropr…
  • FAR 19.1505 Set-aside procedures.
    …ting officer shall suspend further action regarding the procurement until the head of the agency issues a written decision on the appeal, unless the head of the agency makes a written determination that urgent and compelling circumstances w…
  • FAR 22.404-1 Types of wage determinations.
    …e. They are issued at the discretion of the Department of Labor either upon receipt of an agency request or on the Department of Labor's own initiative. (2) General wage determinations are published on the Wage Determinations at SAM.gov we…
  • FAR 52.248-3 Value Engineering—Construction.
    …th paragraph (f) below. (b) Definitions. Collateral costs, as used in this clause, means agency costs of operation, maintenance, logistic support, or Government-furnished property. Collateral savings, as used in this clause, means those m…
  • FAR 3.700 Scope of subpart.
    … for a thing of value or to give anyone a competitive advantage in the award of a Federal agency procurement contract, or similar misconduct; or (2) There has been an agency head determination that contractor bid or proposal information or…
  • FAR 16.401 General.
    …uation. Award-fee plans shall— (i) Be approved by the FDO unless otherwise authorized by agency procedures; (ii) Identify the award-fee evaluation criteria and how they are linked to acquisition objectives which shall be defined in terms …
  • FAR 19.800 General.
    …ompetitive basis. (c) Acting under the authority of the program, the SBA certifies to an agency that SBA is competent and responsible to perform a specific contract. The contracting officer has the discretion to award the contract to the S…
  • FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.
    …fferors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and techni…
  • FAR 52.215-1 Instructions to Offerors—Competitive Acquisition.
    …fferors, the Government shall disclose the following information, if applicable: (i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (ii) The overall evaluated cost or price and techn…
  • FAR 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States.
    …ssion means performing outside the United States under a contract administered by Federal agency personnel who are subject to the direction of a chief of mission. (b) General. (1) This clause applies when Contractor personnel are required …
  • DFARS 234.201 Policy.
    … have an earned value management system that has been determined by the cognizant Federal agency to be in compliance with the guidelines in ANSI/EIA-748. (iii) For cost or incentive contracts and subcontracts valued at less than $20,000,00…
  • FAR 3.903 Policy.
    … (4) A Federal employee responsible for contract oversight or management at the relevant agency. (5) An authorized official of the Department of Justice or other law enforcement agency. (6) A court or grand jury. (7) A management offici…
  • FAR 9.407-1 General.
    …spension shall be effective throughout the executive branch of the Government, unless the agency head or a designee (except see 26.505(e)) states in writing the compelling reasons justifying continued business dealings between that agency a…
  • FAR 13.500 General.
    … is for commercial products or commercial services that, as determined by the head of the agency, are to be used in support of a contingency operation; to facilitate the defense against or recovery from cyber, nuclear, biological, chemical,…
  • FAR 19.602-2 Issuing or denying a Certificate of Competency (COC).
    Within 15 business days (or a longer period agreed to by the SBA and the contracting agency) after receiving a notice that a small business concern lacks certain elements of responsibility, the SBA Area Office will take the following action…
  • FAR 19.702 Statutory requirements.
    …ttains the applicable goals under any subcontracting plan entered into with any executive agency. However, the mentor-protégé agreement must have been approved by the Director, Small Business Programs of the cognizant DoD military departmen…
  • FAR 32.1004 Procedures.
    …either on a whole contract or on a deliverable item basis, unless otherwise prescribed by agency regulations. Financing payments to be made on a whole contract basis are applicable to the entire contract, and not to specific deliverable ite…
  • FAR 48.201 Clauses for supply or service contracts.
    …ackaging specifications or other special requirements or specifications; or (6) When the agency head has exempted the contract (or a class of contracts) from the requirements of part 48. (b) Value engineering incentive. To provide a value…
  • DFARS 203.903 Policy.
    …gement. (v) An authorized official of the Department of Justice or other law enforcement agency. (vi) A court or grand jury. (vii) A management official or other employee of the contractor or subcontractor who has the responsibility to i…
  • DFARS 227.7103-13 Government right to review, verify, challenge, and validate asserted restrictions.
    …e to respect the asserted restrictions through final disposition of any appeal unless the agency head notifies the person asserting the restriction that urgent or compelling circumstances do not permit the Government to continue to respect …
  • DFARS 227.7203-13 Government right to review, verify, challenge, and validate asserted restrictions.
    …e to respect the asserted restrictions through final disposition of any appeal unless the agency head notifies the person asserting the restriction that urgent or compelling circumstances do not permit the Government to continue to respect …
  • DFARS 252.219-7004 Small Business Subcontracting Plan (Test Program).
    … negotiated in the comprehensive subcontracting plan with the Defense Contract Management Agency. (ii) This report encompasses all subcontracting under prime contracts and subcontracts with the Department of Defense, regardless of the doll…
  • FAR 8.405-5 Small business.
    …poses of reporting an order placed with a small business schedule contractor, an ordering agency may only take credit if the awardee meets a size standard that corresponds to the North American Industry Classification System code assigned t…
  • FAR 12.207 Contract type.
    …art 13); (B) The procedures for other than full and open competition in 6.3 provided the agency receives offers that satisfy the Government's expressed requirement from two or more responsible offerors; or (C) The fair opportunity procedu…
  • FAR 15.304 Evaluation factors and significant subfactors.
    … apply to an acquisition and their relative importance are within the broad discretion of agency acquisition officials, subject to the following requirements: (1)(i) Price or cost to the Government shall be evaluated in every source select…

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.